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- Patent Litigation
One of Only Two Firms Nationally Ranked in
Band 1 for Both Intellectual Property
and Section 337
Chambers USA 2017
Our patent litigation practice consists of more than 120 attorneys concentrated on both the East and West Coasts, with over 95 lawyers in Washington and New York and 25 in California, and an additional number in Seoul and China. Collectively, Covington lawyers have litigated in excess of 500 patent cases covering a wide range of technologies.
Trial Depth. Covington’s patent litigation practice starts with top-notch trial lawyers who know how to prepare a case for trial, who have tried patent cases to verdicts before judges and juries, and who regularly handle major patent-related arbitrations. Two of our patent litigation partners are Fellows of the American College of Trial Lawyers and one was elected a Vice Chair of the Complex Litigation Committee.
Technical Expertise. We have married effective advocacy with substantive expertise. More than 50 of our litigators have clerked for federal trial and appellate judges, and more than 70 of our patent litigators have technical degrees in areas such as computer engineering, computer science, mathematics, mechanical engineering, electrical engineering, chemical engineering, biochemistry, chemistry, immunology, microbiology, molecular and cell biology, pharmacology, and physics.
Geographic Reach. We have successfully litigated cases in every significant patent jurisdiction in the country, including the Eastern District of Texas, Delaware, California, New York, New Jersey, and the Federal Circuit. Notably, one of our patent litigators is a former U.S. District Court Judge for the District of Delaware who presided over more than 200 patent infringement cases while on the bench. We also have a depth of experience before the International Trade Commission (ITC) where we have appeared in over 90 Section 337 cases spanning more than 30 years, including some of the largest and most high-profile matters to have come before the ITC. We have achieved successful outcomes for clients in each of the 20 ITC matters we have handled since 2008.
Industry Knowledge. We have been lead counsel in patent infringement cases throughout the country involving disputes covering a wide range of industries, including computer and electronics, software, financial services, telecommunications, pharmaceutical, medical device, biotechnology, chemical, metallurgical, and mechanical. We have also prosecuted numerous patents in these industries and have prepared reexamination requests and handled reexaminations.
Broad Resources. We draw on Covington’s traditional strengths as one of the world’s leading law firms, including its litigation, antitrust, FDA, communications, and technology practices. Our depth of experience allows us to handle matters in a cost-effective manner, with lean staffing and cross-office collaboration leading to efficient and complete coverage.
Appellate Talent. Covington has a longstanding, highly successful appellate litigation practice that extends to our patent litigation practice. The firm’s appellate practice includes 30 specialists, including three former federal judges, four former Assistants to the Solicitor General of the United States, 18 former Supreme Court clerks, and former law clerks from every federal court of appeals. Our attorneys have handled more than 50 cases before the Supreme Court and hundreds in state and federal appeals courts. Indeed, Covington has been named to The National Law Journal’s Appellate Hot List in 2008, 2009, 2011, 2012, 2013, and 2015 as having one of the top appellate practices in the country. Our patent litigation practice has a track record of obtaining favorable results for our clients on patent cases before the Federal Circuit and is regularly asked to represent clients on appeal after a lower court has entered an adverse ruling.
Hatch-Waxman Victory for Omeros Corporation
Representation of Omeros Corporation in Hatch-Waxman patent litigation against Par Pharmaceutical concerning Par's application to make a generic version of the drug Omidria®, a combination drug solution used to maintain pupil dilation during cataract surgery and reduce post-operative pain. The case involved Omeros' only approved drug. Following trial, Par settled the matter on favorable terms for Omeros.
Victory for UCB against multiple Plaintiffs at District Court and Federal Circuit
Representation of UCB in patent litigation trial against over a dozen generic drug companies in the District of Delaware. The generic drug companies contended that the patent covering UCB's blockbuster anti-epileptic drug, Vimpat®, was invalid. Chief Judge Stark ruled in UCB’s favor in a 95-page opinion. The decision was later affirmed by the U.S. Court of Appeals for the Federal Circuit.
Successful Representation of Samsung at the ITC, District Court, and PTAB
Representation of Samsung as petitioner in an ITC action and related district court action instituted by Black Hills Media, involving nine patents. In the ITC, Black Hills sought to preclude Samsung from importing hundreds of products into the U.S., including cell phones, tablets, smart TVs, Blu-ray players, and home theater systems. Following an evidentiary hearing, the ITC agreed that no Section 337 violation by Samsung had been proven and terminated the Investigation. While the ITC case was pending, the team also obtained a strategically important stay of the parallel E.D. Texas district court litigation, over the plaintiff’s objection, and despite the fact that the district court case involved several patents not at issue in the ITC. The district court case was ultimately dropped by Black Hills. Covington also prepared and prosecuted nine related inter partes review petitions. After oral argument in two of the proceedings, the PTAB issued a Final Written Decision finding all challenged claims unpatentable.
High Profile Section 337 Dispute Between U.S. Steel and the Chinese Steel Industry
Representation of Baoshan Iron & Steel Co., Ltd. in a trade secret, antitrust and false designation of origin dispute in the International Trade Commission involving processes for making Advanced High Strength Steel. In November 2016, Sturgis Sobin, Derek Ludwin, and James O’Connell were named “Litigators of the Week” by American Lawyer for an initial determination at the ITC on behalf of our client. This was the first price-fixing case in almost 40 years at the agency, terminating U.S. Steel’s antitrust claim.
Successful Settlement of IPR Proceedings for Knowles Electronics, LLC
Representation of Knowles Electronics, LLC as patent owner in four IPR proceedings relating to silicon microphone packages and MEMS microphones, all of which were successfully terminated by settlement. Covington also represented Knowles in the co-pending litigation, which successfully settled.
Representation of Elbit Systems of America, LLC in IPR Proceeding
Representation of Elbit Systems of America, LLC as petitioner in an IPR proceeding relating to a patent directed toward a system and method for tracking the motion or orientation of an object relative to a moving reference frame, such as in a head-mounted display. The patent is owned by Thales Visionix, Inc., and Covington also represents Elbit in the co-pending litigation in the Court of Federal Claims. The PTAB issued its final written decision holding as unpatentable more than half of the challenged claims.
Successful Resolution of Peregrine IPR Proceeding and Litigation
Representation of Peregrine Semiconductor as patent owner in an IPR proceeding brought by RF Micro Devices. The patent is directed to high frequency RF switches for 4G access technologies. Covington also represented Peregrine in the co-pending litigation. Both the IPR and the litigation were settled successfully for Peregrine.
Trade Secret Litigation Involving Electronic Design Automation
Representation of Hewlett-Packard in a trade secret case involving electronic design automation (EDA) technology.
Microchip ITC Section 337 Investigation
Representation of Microchip in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Micronas ITC Section 337 Investigation
Representation of Micronas in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Dongbu HiTek ITC Section 337 Investigation
Representation of Dongbu HiTek in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
International Products Sourcing Group Inc. in ITC Section 337 Investigation
Representation of respondent International Products Sourcing Group, Inc. in the ITC Section 337 Investigation: Semiconductor Chips with Minimized Chip Package Size and Products Containing Same (III), USITC Inv. No. 337-TA-630 (Respondents).
Chipsbank ITC Section 337 Investigation
Representation of respondent Chipsbank in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Power Quotient International (PQI) in ITC Section 337 Investigation
Representation of respondent Power Quotient International (PQI) in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Skymedi ITC Section 337 Investigation
Representation of respondent Skymedi in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Corsair ITC Section 337 Investigation
Representation of respondent Corsair in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Samsung ITC Section 337 in Certain Digital Media Devices Investigation
Representation of Samsung in the ITC Section 337 Investigation: Certain Digital Media Devices, Including Televisions, Blu-Ray Disc Players, Home Theater Systems, Tablets and Mobile Phones, Components Thereof and Associated Software, USITC Inv. No. 337- TA-882 (Respondent).
Samsung ITC Section 337 Electronic Devices Investigation
Representation of Samsung in the ITC 337 Investigation: Electronic Devices, Including Handheld Wireless Communication Devices, USITC Inv. No. 337-TA-673 (Respondent).
Samsung in ITC Section 337 Mobile Telephones and Wireless Communication Devices Investigation
Representation of Samsung in the ITC 337 Investigation: Mobile Telephones and Wireless Communication Devices Featuring Digital Cameras, and Components, USITC Inv. No. 337-TA-663 (Respondent).
Old Dominion Footwear Inc ITC Section 337 Investigation
Representation of Old Dominion Footwear, Inc. in the ITC Section 337 Investigation: Foam Footwear, USITC Inv. No. 337-TA-567 (Respondent).
Emine Technology ITC Section 337 Investigation
Representation of Emine Technology in the ITC Section 337 Investigation: Switches and Products Containing Same, USITC Inv. No. 337-TA-589 (Respondent).
Arm’s Reach Concepts, Inc. ITC Section 337 Investigation
Representation of Arm’s Reach Concepts, Inc. in the ITC Section 337 Investigation: Bassinet Products, USITC Inv. No. 337-TA-597 (Complainant).
Phillip Morris ITC Section 337 Investigation
Representation of Phillip Morris in the ITC Section 337 Investigation: Cigarettes and Packaging, USITC Inv. No. 337-TA-643 (Complainant).
FujiPhoto Film Co ITC Section 337 Investigation
Representation of FujiPhoto Film Co. in the ITC Section 337 Investigation: Lens-Fitted Film Packages, USITC Inv. No. 337-TA-406 (Complainant).
Hewlett-Packard ITC Section 337 Investigation
Representation of Hewlett-Packard in the ITC Section 337 Investigation: Wireless Communication Devices and Systems, USITC Inv. No. 337-TA-775 (Respondent).
Samsung ITC Section 337 Certain Consumer Electronics Investigation
Representation of Samsung in the ITC Section 337 Investigation: Certain Consumer Electronics and Display Devices and Products Containing Same, USITC Inv. No. 337-TA-836 (Respondent).
Genentech, Inc. ITC Section 337 Investigation
Representation of Genentech in the ITC Section 337 Investigation: Recombinantly Produced Human Growth Hormone, USITC Inv. No. 337-TA-358 (Complainant).
Nidek ITC Section 337 Investigation
Representation of Nidek in the ITC Section 337 Investigation: Excimer Laser Systems for Vision Correction Surgery and Components Thereof and Methods for Performing Such Surgery, Inv. No. 337-TA- 419 (Respondent).
Meretek Diagnostics ITC Section 337 Investigation
Representation of Meretek Diagnostics in the ITC Section 337 Investigation: Breath Test Systems for the Detection of Gastrointestinal Disorders, USITC Inv. No. 337-TA-495 (Complainant).
Q-Med Aktiebolag ITC Section 337 Investigation
Representation of Q-Med Aktiebolag in the ITC Section 337 Investigation: Injectable Implant Compositions, USITC Inv. No. 337-TA-515 (Respondent).
Kumho Petrochemical Co., Ltd ITC Section 337 Investigation
Representation of Kumho Petrochemical Co., Ltd in the ITC Section 337 Investigation: Rubber Antidegradants, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-533 (Respondent).
Roche ITC Section 337 Investigation
Representation of Roche in the ITC Section 337 Investigation: Recombinant Human Erythropoietin, USITC Inv. No. 337-TA-568 (Respondent).
MStar Semiconductor ITC Section 337 Investigation
Representation of MStar Semiconductor in the ITC Section 337 Investigation: Display Controllers with Upscaling Functionality and Products Containing the Same, USITC Inv. No. 337-TA-481 (Respondent).
Realtek ITC Section 337 Investigation
Representation of Realtek in the ITC Section 337 Investigation: Network Controllers, USITC Inv. No. 337-TA-531 (Respondent).
Samsung ITC Section 337 Certain MLC Flash Memory Devices Investigation
Representation of Samsung in the ITC Section 337 Investigation: Certain MLC Flash Memory Devices and Products Containing Same, USITC Inv. No. 337-TA-683 (Respondent).
Seagate Technology ITC Section 337 Investigation
Representation of Seagate Technology in the ITC Section 337 Investigation: Hard Disk Drives, Components Thereof, and Products Containing the Same, USITC Inv. No. 337-TA-616 (Respondent).
Microchip ITC Section 337 Investigation
Representation of Microchip in the ITC Section 337 Investigation: Certain Semiconductor Integrated Circuit Devices and Products, USITC Inv. No. 337-TA-840 (Complainant).
Huawei ITC Section 337 Investigation
Representation of Huawei in the ITC Section 337 Investigation: Wireless Devices with 3G Capabilities and Components Thereof, USITC Inv. Nos. 337-TA-800 and 337-TA-868 (Respondent).
Energizer and Eveready ITC Section 337 Investigation
Representation of Energizer Holdings, Inc. and Eveready Battery Company, Inc. in the ITC Section 337 Investigation: Zero-Mercury-Added Alkaline Batteries, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-493 (Complainants).
Tilia Inc. ITC Section 337 Investigation
Representation of Tilia Inc. in the ITC Section 337 Investigation: Vacuum Packaging Machines, USITC Inv. No. 337-TA-496 (temporary exclusion order proceeding) (Complainant).
Eaton Corp. ITC Section 337 Investigation
Representation of Eaton Corp.in the ITC Section 337 Investigation: Automated Mechanical Transmission Systems for Medium-Duty and Heavy-Duty Trucks and Components Thereof, USITC Inv. No. 337-TA-503 (Complainant).
New Holland North America, Inc. ITC Section 337 Investigation
Representation of New Holland North America, Inc. in the ITC Section 337 Investigation: Agricultural Tractors, Lawn Tractors, Riding Lawnmowers and Components Thereof, USITC Inv. No. 337-TA-486 (Complainant).
Beifa Ningbo ITC Section 337 Investigation
Representation of Beifa Ningbo in the ITC Section 337 Investigation: Ink Markers and Packaging Thereof, USITC Inv. No. 337-TA-522 (Respondent).
Nokia ITC Section 337 Investigation
Representation of Nokia in the ITC Section 337 Investigation: Cellular Radiotelephones and Subassemblies and Component Parts Thereof, USITC Inv. No. 337-TA-297 (Respondent).
NEC ITC Section 337 Investigation
Representation of NEC in the ITC Section 337 Investigation: Dynamic Random Access Memories, Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-242 (Respondent).
Quickturn ITC Section 337 Investigation
Representation of Quickturn in the ITC Section 337 Investigation: Hardware Logic Emulators, USITC Inv. No. 337-TA-383 (Complainant).
Atmel ITC Section 337 Investigation
Representation of Atmel Corporation in the ITC Section 337 Investigation: Erasable Programmable Read Only Memories and Products Containing Same, USITC Inv. No. 337-TA-395 (Complainant).
Altima ITC Section 337 Investigation
Representation of Altima in the ITC Section 337 Investigation: Integrated Repeaters, Switches, Transceivers and Products Containing Same, Enforcement phase only, USITC Inv. No. 337-TA-435 (Respondent).
Altera ITC Section 337 Investigation
Representation of Altera Corporation in the ITC Section 337 Investigation: Programmable Logic Devices and Products Containing Same, USITC Inv. No. 337-TA-453 (Complainant).
Echostar and Scientific Atlanta ITC Section 337 Investigation
Representation of Echostar and Scientific Atlanta in the ITC Section 337 Investigation: Set-Top Boxes and Components Thereof, USITC Inv. No. 337-TA-454 (Respondents).
Samsung Patent Litigation Disputes
Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.
Secured Successful Jury Verdict for Ariba in Patent Dispute
Representation of Ariba in securing a jury verdict, including a finding that two patents involving online auction technology were valid and infringed.
Knowles Electronics ITC Section 337 Certain Silicon Microphone Packages Investigation
Representation of Knowles Electronics in ITC Section 337 Investigation: Certain Silicon Microphone Packages and Products Containing Same, USITC Inv. No. 337-TA-888 (Complainant).
LeapFrog Enterprises, Inc. ITC Section 337 Investigation
Representation of LeapFrog Enterprises, Inc.; Jetta Company, Ltd. in the ITC Section 337 Investigation: Electronic Educational Devices and Components Thereof, USITC Inv. No. 337-TA-475 (Respondents).
Crews, Inc. ITC Section 337 Investigation
Representation of Crews, Inc. in the ITC Section 337 Investigation: Safety Eyewear and Components Thereof, USITC Inv. No. 337-TA-433 (Respondent).
Skylink ITC Section 337 Investigation
Representation of Skylink in the ITC Section 337 Investigation: Universal Transmitters for Garage Door Openers, USITC Inv. No. 337-TA-497 (Respondent).
Toshiba ITC Section 337 Investigation
Representation of Toshiba Corporation in the ITC Section 337 Investigation: NAND Flash Memory Devices and Products Containing Same, USITC Inv. No. 337-TA-553 (Respondent).
A-Data ITC Section 337 Investigation
Representation of respondent A-Data in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Vizio ITC Section 337 Investigation
Representation of Vizio in the ITC Section 337 Investigation: Certain Integrated Circuits, Chipsets, and Products Containing Same Including Televisions, USITC Inv. No. 337-TA-822 (Respondent).
Peregrine Semiconductor ITC Section 337 Investigation
Representation of Peregrine Semiconductor in the ITC Section 337 Investigation: Certain Radio Frequency Integrated Circuits and Devices Containing Same, USITC Inv. No. 337-TA-848 (Complainant).
Bombardier Inc. ITC Section 337 Investigation
Representation of Bombardier in the ITC Section 337 Investigation: Personal Watercraft and Components Thereof, USITC Inv. No. 337-TA- 452 (Respondent).
Rapistan Systems Advertising and Siemens Dematic ITC Section 337 Investigation
Representation of Rapistan Systems Advertising Corp. and Siemens Dematic Corp. in the ITC Section 337 Investigation: Sortation Systems, Components Thereof and Products Containing Same, USITC Inv. No. 337-TA-460 (Complainants).
Sidel ITC Section 337 Investigation
Representation of Sidel in the ITC Section 337 Investigation: Plastic Molding Machines with Control Systems Having Programmable Operator Interfaces Incorporating General Purpose Computers, and Components Thereof II, USITC Inv. No. 337-TA- 462 (Respondent).
Bearing Distributor ITC Section 337 Investigation
Representation of Bearing Distributor in the ITC Section 337 Investigation: Bearings and Packaging Thereof, USITC Inv. No. 337-TA-469 (Respondent).
Cognex Corporation ITC Section 337 Investigation
Representation of Cognex Corporation in the ITC Section 337 Investigation: Machine Vision Systems, Parts and Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-484 (Complainant).
Actions Semiconductors, Inc. ITC Section 337 Investigation
Representation of Actions Semiconductor, Inc. in the ITC Section 337 Investigation: Audio Processing Integrated Circuits and Products Containing Same, Enforcement phase only, USITC Inv. No. 337-TA-538 (Respondent).
$52 Million Jury Verdict for Caliper Life Sciences in Trade Secret Misappropriation
Representation of Caliper Life Sciences in which we secured a $52 million jury verdict of trade secret misappropriation in California state court related to microfluidics technology. Two related patent infringement cases settled shortly thereafter on terms favorable to our client.
Asacol® Defense Against Generic
Representation of Warner Chilcott in successfully defending Asacol®, the leading treatment for ulcerative colitis, against ANDAs seeking approval to market a generic version of the drug.
Defense of VIMPAT Patent for Research Corporation Technologies Inc., Harris FRC Corporation, and UCB, Inc.
Represented Research Corporation Technologies, Inc., and licensees Harris FRC Corporation, and UCB, Inc. in a series of six IPR proceedings filed by various generics companies, challenging the patent claiming Vimpat®, UCB’s anti-epileptic drug. The first petition, filed by Actavis, Inc. in 2014, was denied institution. The second petition, filed by Argentum Pharmaceuticals LLC in 2015, was later joined to another four IPR petitions filed by Alembic Pharmaceuticals, Breckenridge Pharmaceutical, and Mylan Pharmaceuticals. The PTAB entered a final written decision on March 22, 2017 entirely rejecting all the challenges and upholding all claims of the patent. In concurrent district court litigation (in which we also represented UCB), the court rejected all the generics’ invalidity arguments in August 2016.
Reexamination, CBM and Litigation Victories for Ariba, Inc.
Representation of Ariba, Inc. as patent owner in a CBM proceeding relating to operating resource management systems. Covington also represents Ariba in the co-pending litigation. The CBM proceeding was terminated following successful settlement of the patent infringement aspect of the litigation. We have also represented Ariba as requester in two inter partes reexamination proceedings relating to a business-to-business electronic clearinghouse. All original patent claims, as well as claims added during both reexamination proceedings, were rejected. Favorable settlement for Ariba was promptly obtained pursuant to filing of the reexamination requests.
Afa Technologies in ITC Section 337 Investigation
Representation of Afa Technologies in the ITC Section 337 Investigation: Certain Flash Memory Controllers, Drives, Memory Cards and Media Players, USITC Inv. No. 337-TA-619 (Respondent).
Representation of Sony Music Entertainment in IP related claims
Represent Sony Music Entertainment in matter involving contract and intellectual property claims by former music manager regarding 70’s rock act.
Representation of Semiconductor Clients in ITC Section 337 Investigation
Representation of respondents A-Data, Chipsbank, Afa Technologies, Power Quotient International (PQI), Skymedi, and Corsair in the ITC Section 337 Investigation Certain Flash Memory Controllers, Drives, Memory Cards and Media Players.
Representation of Samsung Electronics Company, Ltd. in Two IPR Proceedings
Representation of Samsung Electronics Company, Ltd. as petitioner in two IPR proceedings adverse to patent owner Boston University relating to gallium nitride semiconductor devices. The two proceedings were terminated following successful settlement of the underlying litigation, in which Covington represented Samsung.
Representation of Maxim Integrated Products in Trade Secret Litigation
Representation of Maxim Integrated Products in trade secret litigation involving analog-to digital converters.
Representation of JPMorgan Chase in CBM Proceedings
Representation of JPMorgan Chase as petitioner in four CBM proceedings for patents owned by Maxim Integrated Products relating to secure electronic transactions, which were terminated by settlement of the co-pending litigation.
Advise Leading Online Company on Global Compliance and Privacy Principles
Representation of a leading online company through advising on instituting global policies and procedures to comply with law enforcement demands for data consistent with best practice privacy principles.
AK Steel patent infringement action
Representation of AK Steel in a patent infringement action relating to aluminum coated boron steel products where we obtained a jury verdict in favor of our client.
Patent and ITC Litigation Involving Major Japanese Electronics and Software Company
Representation of major Japanese electronics and software company in defense of patent infringement claims at the ITC involving combination of software and hardware for graphical interfaces and systems for three dimensional pointing.
Hewlett-Packard patent litigation
Representation of Hewlett-Packard in patent litigation matters involving blade servers, modular computer systems, network gateway devices, and software for mobile devices.
Outbound patent litigation
Defending a Korean memory chip maker in its suit involving seven patents relating to semiconductor manufacturing processes. As a result of our aggressive and strategic approach, the case settled well prior to trial on very favorable terms to our client.
Hatch-Waxman settlement investigation and class action
AstraZeneca in an FTC investigation and private antitrust class action litigation concerning settlements of Hatch-Waxman patent litigation involving Nexium.
Merck ITC and District Court Litigation
Representation of Merck & Co. before the ITC and in the Eastern District of Virginia in cases involving Merck’s blockbuster NuvaRing® contraceptive product. After the first day of the evidentiary hearing, the complainant dismissed their ITC complaint and subsequently dismissed their district court complaint as well. Certain Vaginal Ring Birth Control Devices.
Organic Photovoltaics Patent Infringement Litigation
Plextronics in patent infringement litigation with Konarka relating to organic photovoltaics.
Major Victory for Atmel in Patent Dispute
Representation of Atmel in a major victory where plaintiff Agere claimed that Atmel infringed four semiconductor patents, including what it touted as its key tungsten patents, and sought damages of approximately $200 million as well as enhancement for claimed willful infringement. After a three-week trial, the jury returned a verdict in Atmel’s favor; invalidating the tungsten patents, finding the fourth not infringed as well as invalid, and awarding Agere no damages.
JPMorgan Chase patent litigation
Representation of JPMorgan Chase in patent litigation brought in the Eastern District of Texas by LML Patent Corp. relating to electronic transactions on credit and debit accounts.
Janssen Pharmaceuticals Hatch-Waxman Litigation
Representation of Johnson & Johnson subsidiary Janssen Pharmaceuticals in Hatch-Waxman litigation against Lupin relating to the Ortho Tri-Cyclen® Lo patent. After a full trial on the merits, the court held that the patent was valid and enforceable. We subsequently obtained a highly favorable settlement for our client.
Outbound ICC arbitration
Representing a Korean engineering and construction company in its continuing efforts to recover nearly $400 million, which it won in an ICC arbitration almost 10 years ago, against a Mexico government owned oil & gas company.
Samsung Electronics Patent Litigation
Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.
Samsung Against CCP Systems in Copyright and Patent Infringement Suit
Representation of Samsung Electronics Co. Ltd., Samsung Electronics America, Inc., and Samsung Networks, Inc. against claims brought by CCP Systems alleging copyright and patent infringement filed in the District of New Jersey.
Microsoft Technology Patent Litigation
Representation of Microsoft in patent litigation matters involving a variety of software and related technologies, including obtaining a transfer out of the Eastern District of Texas in a case relating to video conversion technology.
Knowles Electronics ITC Section 337 Silicon Microphone Packages Investigation
Representation of Knowles Electronics in ITC Section 337 Investigation: Silicon Microphone Packages and Products Containing Same, USITC Inv. No. 337-TA-825 (Complainant).
Support Systems Int’l, Inc. ITC Section 337 Investigation
Representation of Support Systems Int’l, Inc. in the ITC Section 337 Investigation: Fluidized Support Apparatus, USITC Inv. No. 337-TA-182 (Complainant).
Shummi Enterprise Co., Ltd and Shumei Industrial Co., Ltd. ITC Section 337 Investigation
Shummi Enterprise Co., Ltd; Shumei Industrial Co., Ltd in the ITC Section 337 Investigation: Toothbrushes and Packaging Thereof, USITC Inv. No. 337-TA-391 (Respondent).
Microjet Technology ITC Section 337 Investigation
Representation of Microjet Technology in the ITC Section 337 Investigation: Ink Jet Cartridges, USITC Inv. No. 337-TA-446 (Respondent).
ProMOS ITC Section 337 Investigation
Representation of ProMOS in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Samsung ITC Section 337 Certain Light-Emitting Diodes Investigation
Representation of Samsung Electronics in the ITC Section 337 Investigation: Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. 337-TA-785 (Respondent).
Samsung LED ITC Section 337 Certain Light-Emitting Diodes Investigation
Representation of Samsung LED in the ITC Section 337 Investigation: Certain Light-Emitting Diodes and Products Containing Same, USITC Inv. No. 337-TA-798 (Complainant).
Samsung ITC Section 337 Wireless Communication Equipment Investigation
Representation of Samsung in the ITC Section 337 Investigation: Wireless Communication Equipment, Articles Therein, and Products Containing Same, USITC Inv. No. 337-TA-583 (Respondent).
Samsung ITC Section 337 Wireless Communication Equipment Investigation
Representation of Samsung in the ITC Section 337 Investigation: Wireless Communication Equipment, Articles Therein, and Products Containing Same, USITC Inv. No. 337-TA-577 (Respondent).
Multiple IPR Proceedings on Behalf of Biogen
Represented Biogen in defeating Swiss Pharma’s attacks on three patents covering TYSABRI®, an antibody biologic for treating patients with multiple sclerosis. The PTAB declined to institute a trial on all three of Biogen’s patents. The PTAB adopted the detailed reasoning from Covington’s briefs, finding that Swiss Pharma’s evidence and expert testimony did not demonstrate a reasonable likelihood of prevailing at trial.
Representation of Warner Chilcott in an IPR Proceeding
Representation of Warner Chilcott as patent owner in an IPR proceeding, brought by the generic company Mylan Pharmaceuticals, challenging the patent claiming LO LOESTRIN, Warner Chilcott’s oral contraceptive. After Mylan filed its petition, the parties settled favorably without a single claim being invalidated or the PTAB instituting review on a single claim of the LO LOESTRIN Patent. Covington successfully represented Warner Chilcott in ANDA litigation against prior generic filers on LO LOESTRIN, obtaining a favorable judgment after a bench trial which was upheld by the Federal Circuit.
Balkrishna Industries, Ltd. Patent Litigation
Representation of Balkrishna Industries Ltd. and its affiliates BKT Tires, Inc. and BKT USA, Inc. in litigation against Bridgestone Brands, LLC and Bridgestone Americas Tire Operations, LLC concerning alleged patent infringement, trademark infringement and unfair competition issues in the U.S. District Court for the Middle District of Tennessee.
UMC ITC Section 337 Investigation
Representation of UMC in the ITC Section 337 Investigation: Semiconductor Integrated Circuits Using Tungsten Metallization and Products Containing Same, USITC Inv. No. 337-TA-648 (Respondent).
Aristocrat Technologies Patent and Trademark Litigation
Representation of Aristocrat Technologies Inc. in patent and trademark litigation brought by Bally Technologies relating to gaming devices; and patent infringement litigation brought by IGT in a case involving 32 patents directed at various aspects of gaming devices, in addition to other significant patent litigation.
Cradle IP v. Texas Instruments
Covington successfully defended Texas Instruments in patent litigation alleging infringement by a broad array of digital signal processors sold by TI. After the District Court of Delaware granted TI’s motion for summary judgment of non-infringement regarding all accused products except one, the Federal Circuit granted a complete win to TI on appeal.
Multiple IPRs for Aristocrat Technologies Inc.
Representation of Aristocrat Technologies Inc. in patent infringement litigation brought by IGT on an array of patents directed to gaming devices. Covington prepared and filed IPR petitions on 11 patents, and Covington represented Aristocrat as the patent owner in four IPR proceedings initiated by IGT. The parties reached a favorable settlement ahead of the litigation.
Representation of Eli Lilly, ImClone, and BMS
Representation of Eli Lilly and Company, ImClone, and BMS in an IPR proceeding challenging the validity of a patent owned by the Trustees of the University of Pennsylvania (Penn). In concurrent district court litigation (in which we also represented Eli Lilly), Penn alleged that its patent covered methods of using Eli Lilly’s biologic Erbitux® for treating cancer patients. The PTAB instituted trial on all challenged claims, and its final decision found the challenged claims to be unpatentable. On appeal, the Federal Circuit summarily affirmed the PTAB’s decision.
Representation of Knappco in PTAB Proceedings
Representing Knappco, a subsidiary of Dover Corporation, in an IPR against CHS Inc. regarding systems and methods to reduce the potential for unintentional mixing of liquid types in tank systems. In The PTAB instituted proceedings on all claims on all grounds. The patent owner failed to file any responsive papers, and the PTAB entered adverse judgment against CHS cancelling all challenged claims.
IPR Proceeding Victory on Behalf of Texas Instruments
Representation of Texas Instruments Incorporated (TI) as petitioner in an IPR proceeding relating to monolithic battery chargers. In a clean sweep victory in a patent office trial, the patent owner, Unifi Scientific Batteries (USB) ultimately requested judgment in TI’s favor. USB had sued TI in the Eastern District of Texas, alleging infringement of its patent directed to monolithic battery chargers. Covington filed a petition on behalf of TI in the Patent Office seeking invalidation of 16 claims. One week before oral argument, USB filed a Request for Adverse Judgment, disclaiming all of the 16 challenged claims. The Patent Office granted the Request and entered the judgment, successfully ending the trial. Covington also represented TI in the co-pending litigation, which settled successfully.
Successful Resolution for Bockstar Technologies in an IPR Proceeding
Representation of Bockstar Technologies LLC as patent owner in an IPR proceeding brought by Cisco Systems Inc., challenging the validity of four patents related to routers, switches, and computerized telephony. Covington filed substantive initial responses for three of the four petitions. The PTAB rejected one of the petitions in its entirety, and instituted only as to a single patent claim in a second petition—effectively eliminating half of Cisco’s petitions at a single stroke. The proceedings were terminated shortly thereafter as part of a global settlement.
Representation of Indivior in Challenge to Patent for SUBOXONE
Represented Indivior UK Limited (f/k/a RB Pharmaceuticals Limited), as patent owner in an IPR proceeding, brought by Teva Pharmaceuticals USA, Inc., challenging one of three Orange Book listed patents for Suboxone® sublingual film, a treatment for opioid dependence. Tthe PTAB denied Teva’s petition in its entirety, adopting the rationale presented in Covington’s patent owner preliminary response.
Invalidation of 41 Claims in Victory for Media Clients
Representation of multiple petitioners, including The New York Times Company and CBS Interactive, in an IPR proceeding (and in seven inter partes reexamination proceedings) for patents held by Helferich Patent Licensing, LLC. The patents relate to cell phone messaging and were the subject of co-pending litigation in which the requesters were defendants. The PTAB provided another clean sweep IPR victory when it invalidated all 41 challenged claims of the patent. Following Covington’s argument in April 2015, the Court of Appeals for the Federal Circuit affirmed the PTAB’s decision, securing the clients’ victory.
Representation of LifeCell as Petitioner in an IPR Proceeding
Achieved a complete victory for LifeCell Corporation as petitioner in an IPR proceeding challenging a patent owned by LifeNet Health directed to soft tissue graft compositions. Trial was instituted and the PTAB granted the patent owner’s request for adverse judgment, cancelling all claims in the patent.
Precedential Opinion Seals Victory for Bristol-Myers Squibb in Patent Dispute
Representation of Bristol-Myers Squibb (BMS), as a patent owner in an IPR proceeding instituted by Momenta Pharmaceuticals (Momenta), challenging the validity of a patent covering the formulation of BMS’s biological product, Orencia. The PTAB entered a final written decision entirely rejecting Momenta’s challenges and upholding all claims of the patent. Momenta appealed the decision to the Federal Circuit, even though Momenta had not yet filed a biosimilar application for Orencia with FDA. In a precedential opinion, the Federal Circuit dismissed Momenta's appeal for lack of standing and mootness because the company had failed to establish standing and in any event stopped developing a biosimilar version of the product, rendering the appeal moot.
Success Before ITC and PTAB on Behalf of Tessera
As recognized by The National Law Journal, Covington successfully represented Tessera at the ITC regarding a patent infringement dispute with Broadcom over semiconductor chips. This victory came on the heels of its effective represented before the PTAB. Tessera (Complainant): Certain Semiconductor devices, semiconductor device packages, and products containing same, USITC Inv. No. 337-TA-1010.
Samsung ITC Section 337 in Certain Portable Electronic Devices Investigation
Representation of Samsung (respondent) in the ITC Section 337 Investigation: In the Matter of Certain Portable Electronic Devices and Components Thereof, Inv. No. 337-TA-994, and appeal at the Federal Circuit. The ITC held the patent infringement claims invalid under Section 101 in a special 100-day proceeding. On appeal, the Federal Circuit summarily affirmed the ITC’s ruling.
Representation of Oppo Before ITC
Defended OPPO Mobile Telecommunications Corp., Ltd. and OPPO Digital, Inc. against patent infringement allegations brought by LG Chem - pending. Oppo Digital, Inc; Guandong Oppo Mobile Telecommunications Corp. Ltd (Respondents): Batteries and Electrochemical Devices Containing Composite Separators, Components Thereof, and Products Containing Same, USITC Inv. No. 337-TA-1087.
Key Congressional Staffer on IP Issues Joins Covington
February 12, 2019
WASHINGTON—Jason Everett has joined Covington in its Public Policy practice. Mr. Everett’s arrival follows the recent additions of former U.S. Senator Jon Kyl, Broderick Johnson, and Samantha Clark to the firm’s Public Policy practice. At Covington, Mr. Everett will provide regulatory and legislative advice and advocacy to clients in a range of industries, ...
Shutdown Could Disrupt A Number Of ITC Patent Cases
January 24, 2019, Law360
Sturgis Sobin is quoted in Law360 regarding the government shutdown’s effect on U.S. International Trade Commission cases. Mr. Sobin says, “It’s unfortunate for a complainant that has worked hard to keep its case moving forward and came to the ITC because of the speed of the process, but it is the reality that we are looking at right now.” He adds, Overall, for ...
4 Global Developments Patent Attys Should Know
January 16, 2019, Law360
Ruixue Ran is quoted in Law360 regarding China’s recently released draft legislation to revise the nation’s patent law. The changes, which attorneys say are aimed at enhancing patent owners' rights, are headlined by a proposal to increase the amount of damages available in certain circumstances. Ms. Ran says, “If they could get bigger damages compensation, that ...
January 10, 2019, Covington Alert
On January 4, 2019, the Standing Committee of the National People’s Congress ( “NPC”) of China published a draft amendment to the Patent Law (the “Draft”) for public comment. While this draft is not yet final, it indicates China is taking concrete steps to help patent holders with the exercise of their rights.
Fed. Circ. Reins In Reach Of Double-Patenting Doctrine
December 14, 2018, Law360
Brianne Bharkhda and Natalie Derzko are quoted in Law360 regarding two Federal Circuit decisions that have cleared up lingering questions about patents can be invalidated under the double-patenting doctrine and identified situations where it does not apply. Ms. Bharkhda says, "I would characterize the two decisions as further defining the contours of the ...
December 10, 2018, Covington Alert
On December 7, 2018, the Federal Circuit issued two highly-anticipated decisions clarifying the application of the obviousness-type double patenting doctrine: Novartis AG v. Ezra Ventures LLC (patent term extension ("PTE")), and Novartis Pharmaceuticals Corp. v. Breckenridge Pharmaceutical Inc. (pre-Uruguay Round Agreements Act ("URAA") versus post-URAA ...
November 27, 2018, Covington Alert
On October 26, 2018, the Standing Committee of the People’s National Congress of the People's Republic of China (PRC) passed Decisions on Several Procedural Issues Relating to Patent and Other Intellectual Property Cases (the Appellate Rules), which will give the Supreme Court jurisdiction over patent and other complex technical IP cases (the Designated Subject ...
November 15, 2018
WASHINGTON—Covington's patent litigation team successfully petitioned the U.S. Supreme Court to hear a case on behalf of its client, Return Mail, Inc., which saw its patent on a system for handling undeliverable mail invalidated in 2015 after the U.S. Postal Service petitioned for Covered Business Method Review. The case, which will involve interpretation of ...
October 8, 2018
BEIJING—China Law & Practice has named Covington “Intellectual Property Firm of the Year” and Covington partner Ruixue Ran as “Intellectual Property Lawyer of the Year.” The awards highlight innovation and excellence in the China legal market and honor top law firms, lawyers, and legal departments. Ms. Ran is one of the few China-based lawyers who focus on ...
October 8, 2018
WASHINGTON—The Thomson Reuters Foundation has named Rick Longton its “TrustLaw Lawyer of the Year.” The award recognizes the commitment demonstrated in supporting pro bono clients over the last year on projects undertaken through TrustLaw, Thomson Reuters Foundation's global pro bono program that connects high-impact NGOs with law firms and corporate legal teams ...
Don't Stop The Presses: Canadian Newsprint Tariffs Axed
August 29, 2018, Law360
Shara Aranoff is quoted in Law360 regarding the firm’s victory before the U.S. International Trade Commission’s regarding tariffs imposed Canadian imports on newsprints. Ms. Aranoff says, “This is really a win-win both for newspapers in the U.S. and for the paper mills who supply them."
August 20, 2018, Law360
Nitin Subhedar is quoted in a Law360 article regarding patent litigation in the Netherlands. Mr. Subhedar says, “If you can get a finding of infringement and an injunction in the Netherlands, you can effectively use that as a chokepoint to stop a lot of the inflow of the infringing products into the rest of the EU. That's why the Netherlands is a particularly ...
What You Need To Know About Patent Litigation In Germany
July 27, 2018, Law360
Michael Plimack is quoted in Law360 regarding the importance of Germany as a global patent litigation venue. Mr. Plimack says, “Any company that is really thinking about one of these large-scale patent wars will have to look very carefully at Germany.” Because Germany does not allow for the same scope of pretrial discovery as the United States, Mr. Plimack adds, ...
Patent Owners Taking Global View In Enforcement Efforts
July 18, 2018, Law360
Michael Plimack is quoted in Law360 regarding companies in high-stakes patent disputes adopting global enforcement strategies. Mr. Plimack provided insight into why many patent disputes are litigated in German courts. He says, “Because Germany is such a large economy in the world and in Europe, it's not uncommon for battles over things like smartphones, for ...
July 13, 2018
WASHINGTON—Covington's patent litigators secured a significant win on behalf of Indivior, obtaining a preliminary injunction preventing Dr. Reddy's Laboratories from launching a generic version of Indivior's SUBOXONE® Sublingual Film used in treatment of opioid addiction. The court's decision recognizes that Indivior had shown a likelihood of success on the ...
How The New ITC Rules Change Litigation Strategy
June 7, 2018, Managing Intellectual Property
Daniel Valencia is quoted in a Managing Intellectual Property article regarding new ITC rules that will significantly impact litigation strategies. Commenting on the changes, Valencia says, "If anything, they’ll help create additional certainty about how the game is played at the ITC." One important rule will now allow the Commission and administrative law ...
Michael Plimack Named One of California's Top IP Lawyers
April 20, 2018
SAN FRANCISCO—The Daily Journal has named Covington partner Michael Plimack to its 2018 list of the “Top Intellectual Property Lawyers” in California. Mr. Plimack, co-chair of Covington’s Patent Litigation Practice Group, represents leading technology companies that are faced with complex patent infringement cases. In its profile, the Daily Journal highlighted ...
Top IP Lawyers: Michael Plimack
April 18, 2018, Daily Journal
Michael Plimack was named to the Daily Journal's "Top Intellectual Property Lawyers" in California list. Commenting on recent changes in patent litigation, Plimack says, "Large-scale patent litigation these days is an international affair that requires experience in all the key jurisdictions, which I believe will increasingly include China over time."
March 15, 2018, Covington Alert
China has continued to develop its adjudicatory framework for intellectual property disputes with the establishment of three Intellectual Property Tribunals (“IP Tribunals”) this month. This reform began with the establishment of three specialized IP Courts in Beijing, Shanghai, and Guangzhou at the end of 2014, and has been furthered with the establishment of ...
September 21, 2017, Law360
Kurt Calia is quoted in a Law360 article providing advice to new California patent litigators. Commenting on skepticism about discovery and sealing, Calia says when one side is seeking production of massive amounts of email or terabytes of technical data, "the judges understand that the cost to litigants — even with all the e-discovery tools that are available — ...
August 15, 2017
SILICON VALLEY—Covington secured a significant patent infringement victory on behalf of Elbit Systems Ltd. over its groundbreaking patent relating to high-speed satellite communications. A jury in the Unites States District Court for the Eastern District of Texas awarded Elbit Systems $21,075,000 in damages, exclusive of pre-judgment interest and post-verdict ...
Law360's Weekly Verdict: Legal Lions & Lambs
August 10, 2017, Law360
Covington's patent infringement victory on behalf of Elbit Systems was featured by Law360 as the leading item in the "Legal Lions" roundup. The team, which secured $21.1 million in damages for Elbit, was led by Kurt Calia and Ranganath Sudarshan.
July 5, 2017, The National Law Journal
The National Law Journal highlights Covington's successful representation of Tessera at the ITC regarding a patent infringement dispute with Broadcom over semiconductor chips. According to Sturgis Sobin, who led the Covington team, "They tried for more than two years to work out a deal, but were unsuccessful."
Patently Scott Kamholz
July 3, 2017, Human Proof of Concept
Scott Kamholz participated in an interview with Human Proof of Concept to discuss inter partes review within the biotech industry.
May 18, 2017, Covington Alert
On May 18, 2017, newly confirmed U.S. Trade Representative Robert Lighthizer formally notified Congress that President Trump intends to renegotiate the North American Free Trade Agreement (NAFTA). The Trump Administration has indicated that it will request public input on the “direction, focus, and content” of these negotiations, and will publish notice in the ...
PTAB: no longer a death squad
May 15, 2017, World Intellectual Property Review
Scott Kamholz and Peter Chen are quoted in a World Intellectual Property Review article examining the current landscape of the U.S. Patent Trial and Appeal Board. According to Kamholz, the PTAB has never been “out to get” patents. Kamholz also believes that trial procedures have changed "remarkably little." He says, “I remember discussing all sorts of issues in ...
An Update on Recent Section 101 Jurisprudence under Alice
May 4, 2017, Department of the Navy Office of the General Counsel Intellectual Property Seminar
April 21, 2017, Covington Alert
On April 20, 2017, President Trump issued a memorandum announcing that the Secretary of Commerce had initiated an investigation to determine the effects of imported steel on national security. The investigation was initiated under Section 232 of the Trade Expansion Act of 1962, as amended. While it remains to be seen what actions the Administration might ...
Laterals of note
April 10, 2017, Commercial Dispute Resolution
Andrea Reister is quoted in a Commercial Dispute Resolution article regarding the arrival of Peter Chen and Scott Kamholz to the firm’s Patent Office Trials Practice. According to Reister, “Virtually all significant patent litigation matters involve co-pending IPRs, so having a strong patent office trials practice with a deep bench of senior attorneys is ...
Lateral Report: The Few, the Proud, the March Movers
April 3, 2017, Litigation Daily
Andrea Reister is quoted in a Litigation Daily article regarding the arrival of Peter Chen and Scott Kamholz to Covington’s Patent Office Trials Practice. According to Reister, “We are thrilled to add Peter and Scott to our team as we expect the demand for patent office trials to continue to grow in the coming years.”
Pair of Ex-PTAB Judges Join Covington
March 31, 2017, The Recorder
Scott Kamholz, Peter Chen, and Andrea Reister are quoted by The Recorder in an article regarding the recent additions to the firm’s Patent Office Trials Practice Group. According to Kamholz, Covington’s team stood out for its sophistication. “I was very impressed with their level of skill and preparation, and I found through working that case with them that we ...
March 30, 2017
SILICON VALLEY—Former Patent Trial and Appeal Board (PTAB) judges Peter Chen and Scott Kamholz have joined Covington’s Patent Office Trials Practice. Mr. Chen and Dr. Kamholz are the only former PTAB judges to enter private practice who have overseen Leahy-Smith America Invents Act of 2011 (AIA) trial proceedings from institution through final decision. Peter ...
Covington Adds Two Former PTAB Judges To Patent Group
March 30, 2017, Law360
Andrea Reister, Peter Chen, and Scott Kamholz are quoted in a Law360 article regarding the recent additions to the firm’s Patent Office Trials Practice Group. According to Reister, “We are thrilled to add Peter and Scott to our team as we expect the demand for Patent Office trials to continue to grow in the coming years. Their experience in the high-tech and ...
March 30, 2017, Daily Journal
Simon Frankel and Peter Chen are quoted in a Daily Journal article regarding the arrival of Chen and Scott Kamholz to the firm’s Patent Office Trials Practice. According to Frankel, while the firm’s patent litigation activity spans the coasts, most of its patent office practice has been based in Washington D.C. Chen’s addition will help expand the firm’s patent ...
Expert Testimony Not Helping IP Owners Avoid AIA Review
March 8, 2017, Law360
Scott Kamholz is quoted in a Law360 article regarding the impact of allowing patent owners to present expert testimony in their responses to America Invents Act review petitions. According to Kamholz, “Generally speaking, if the patent owner's witness is just contradicting the petitioner’s witness ... then the [Patent Trial and Appeal Board] would tend to order ...
Covington Adds Ex-Deputy Assistant AG To Appellate Group
February 6, 2017, Law360
Beth Brinkmann is quoted in a Law360 article regarding her recent arrival to Covington’s Appellate and Supreme Court Practice Group. According to Brinkmann, “The teamwork and collaboration at Covington is incredible and the strength of its appellate practice attracted me to the firm.”
January sees US law firms seek lateral talent
February 2, 2017, Commercial Dispute Resolution
Beth Brinkmann and Robert Long are quoted in a Commercial Dispute Resolution article regarding Brinkmann’s arrival to Covington’s Appellate and Supreme Court Practice Group. Citing “Covington’s long history litigating important cases in the Supreme Court,” Brinkmann says she looks forward to the opportunity to help expand the appellate practice. According to ...
February 1, 2017, The Litigation Daily
The Litigation Daily features Beth Brinkmann, Craig Pollack, and Louise Freeman in an article about the “Top Lateral Litigator Moves in January.” Commenting on her move to Covington, Brinkmann says that the firm “turned out to be just a really unique opportunity,” praising its “culture of teamwork” and “longstanding presence in the legal community.” Alex ...
Deputy Assistant Attorney General Joins Covington
January 31, 2017
WASHINGTON—Beth Brinkmann has joined Covington as a partner in the firm’s Appellate and Supreme Court Practice Group in Washington. Ms. Brinkmann served as Deputy Assistant Attorney General in the Civil Division of the U.S. Department of Justice from 2009 to 2016. She has argued 24 cases before the Supreme Court of the United States. Ms. Brinkmann is an ...
Six Covington Lawyers Named Law360 MVPs
January 3, 2017
WASHINGTON—Law360 has named six Covington lawyers as MVPs in their respective practice areas. The awards single out lawyers from across various practice areas based on their “success in high-stakes litigation, complex global matters, and record-breaking deals.” The Covington lawyers recognized as Law360 MVPs are: Shara Aranoff, International Trade. Ms. ...
Ruixue Ran Named One of Top 15 IP Lawyers in China
December 28, 2016
BEIJING—Asian Legal Business has named Covington partner Ruixue Ran as one of its fifteen “Top IP Lawyers” in China. Ms. Ran is the only lawyer from a non-Chinese law firm on the list. Ms. Ran is one of the few Chinese lawyers who specialize in cross-border intellectual property law and is often called upon to share her knowledge with Chinese companies and ...
International Trade MVP: Covington's Shara Aranoff
December 9, 2016, Law360
Law360 selected Shara Aranoff as a 2016 International Trade MVP and profiled her work over the past year, including her representation of South32 and Union Pacific Railroad Co. at the ITC. Law360 also highlights Aranoff’s ongoing defense of China’s Baosteel Group in a Section 337 case, the first antitrust-based investigation at the ITC in more than 25 ...
Covington & Burling promotes IP partner and 12 others
October 20, 2016, World IP Review
Timothy Hester is quoted in a World IP Review article regarding the promotion of the firm’s 13 new partners. According to Hester, “Our new partners reflect the excellence, strengths, and diversity of the firm, and will play important roles in the firm for decades to come.”
Fall 2016, AIPLA Quarterly Journal, Vol. 44, No. 4
Kurt Calia Named One of California's Top IP Lawyers
August 22, 2016
SILICON VALLEY—The Daily Journal has named Covington partner Kurt Calia to its list of the “Top Intellectual Property Attorneys in California for 2016.” The list recognizes California lawyers who have “pushed technological progress forward.” The Daily Journal highlighted Mr. Calia’s successful representation of Elbit Systems in a patent litigation involving the ...
National Law Journal Names Covington to "IP Hot List”
June 14, 2016
WASHINGTON—The National Law Journal has named Covington to its “2016 IP Hot List,” recognizing it as one of 15 firms that “set the bar in intellectual property law in 2015, scoring big wins for clients.” Covington was also one of only two firms last month to receive the highest rating from Chambers USA in its nationwide categories for Intellectual Property and ...
June 6, 2016, The National Law Journal
Ranga Sudarshan and Kurt Calia are quoted in The National Law Journal’s profile of Covington for the “2016 Intellectual Property Hot List.” In its story, NLJ highlighted the firm’s successful representation of Elbit Systems in a patent infringement case with military contractor Thales Visionix involving the F-35 Joint Strike Fighter. The Covington defense team ...
May 11, 2016, Covington Alert
On Wednesday, May 11, 2016, President Barack Obama signed into law the Defend Trade Secrets Act of 2016 (“DTSA”), which creates a federal civil cause of action for trade secret misappropriation. The Senate passed the DTSA on April 4, 2016 by a unanimous vote of 87-0. The Senate bill (S. 1890) was passed by the House of Representatives without amendment on ...
April 14, 2016, BNA’s Patent, Trademark & Copyright Journal
April 8, 2016, Law.com
Richard Hertling and Kurt Calia are quoted in this article discussing the future of, and reactions to, the Defend Trade Secrets Act. Hertling says, “I don’t think [House Judiciary Committee Chairman Goodlatte] would have indicated an intention to move forward with this legislation if patent reform were going to stand in the way." Calia sees some risk of abuse of ...
Smartwatches herald new legal battles
March 16, 2016, Financial Times
Kurt Calia is quoted by the Financial Times in this article about the legal battles brewing around smartwatches. According to Calia, who emphasizes the differences between smartphones and smartwatches, “There’s unlikely to be the big titan v titan litigation that we saw in the smartphone wars.” However, he adds, “A lot of the foundational technology that formed ...
ITC Patent Cases Drop As Smartphone Battles Subside
February 10, 2016, Law360
Alexander Chinoy is quoted in this Law360 article discussing the number of cases filed at the ITC in 2015. With 36 cases filed, it was the lowest number in five years, in part due to the end of the “smartphone wars.” However, as Chinoy states, "Over the last 10 years, the agency [ITC] has been busy and it remains busy. It’s a testament to the fact that it’s an ...
Tough Trade
January-February 2016, CDR News
Maureen Browne and Alexander Chinoy are quoted in this CDR article assessing the work of the ITC, and its relationship with intellectual property in 2015. Browne states that the ITC is performing well although down from the peak during the ‘smartphone wars’ years, while Chinoy notes a “slight upward trend in the number of cases heard, peaking in outlier years in ...
Lawyers Look for Patent Tide to Turn in 2016
December 31, 2015, Law.com
Andrea Reister is quoted in a Law.com article discussing the “patent pendulum” and how it is expected to swing in 2016. According to Reister, postgrant review has had so few takers because of the uncertainty surrounding estoppel. “The estoppel basically applies to everything,” she says. “Your potential estoppel is pretty big when you get to the district court.”
GE's Head of IP Litigation Rejoins Covington
October 19, 2015
WASHINGTON, DC, October 19, 2015 - Covington announced that Richard Rainey has rejoined the firm as a partner in its intellectual property practice, one of the firm’s largest groups with more than 140 IP lawyers. A prominent IP trial and appellate litigator, Mr. Rainey previously served as Executive Counsel for Global IP Litigation at GE. “Our patent litigation ...
The Brainy Bunch
Fall 2015, Corporate Counsel
Peter Chen and Scott Kamholz were featured in Corporate Counsel’s Intellectual Property supplement highlighting judges on the Patent Trial and Appeal Board who are “shaking up patent law.”
July 20, 2015, Covington Alert
J&J Wins Battle Over Concerta Patent Ownership
March 24, 2015, Law360
George Pappas and Kurt Calia are mentioned in this article regarding their successful representation of Alza, a Johnson & Johnson unit.
Covington Cites Alice, Babe Ruth to Crush Pricing Patent
March 18, 2015, The Litigation Daily
Covington's George Pappas and Peter Swanson are mentioned in this article regarding their representation of AOL: In a quartet of lawsuits filed last year, plaintiff Priceplay.com accused AOL Advertising Inc., Facebook Inc., Google Inc. and LinkedIn Corp. of infringing two patents related to online price auctions. But after a victory this week for AOL's lawyers ...
Covington Opens Los Angeles Office
March 6, 2015
LOS ANGELES, March 6, 2015 — Covington will open a new office in Los Angeles on March 9. The office will be staffed by current firm lawyers and three new senior lawyers and will focus initially on insurance coverage, media and content distribution, patent litigation, public policy/government affairs and white collar defense. "We believe there is a strong base ...
January 9, 2015
SILICON VALLEY, January 9, 2015 -- Covington achieved a victory yesterday for our client Texas Instruments when the U.S. Circuit Court of Appeals for the Federal Circuit affirmed a lower court decision dismissing patent claims brought by Cradle IP against TI. Cradle IP filed suit in the District of Delaware in 2011, asserting that TI had infringed three ...
December 12, 2014, Bloomberg BNA’s Patent, Trademark & Copyright Journal
ITC Trends Medical Device Companies Should Know About
November 14, 2014, Law360
Covington's Shara Aranoff has written this article for Law360 on ITC trends: "Over the past 20 years, the number of patent infringement disputes filed annually at the U.S. International Trade Commission has more than tripled. Although typically associated with smartphones and semiconductor chips, the ITC has also seen quite a few disputes involving medical ...
9/18/2014
SAN FRANCISCO, September 18, 2014 — Covington & Burling client Hewlett-Packard Co. scored a win in its patent litigation case against Linex Technologies on September 15 when a federal judge ruled that HP is entitled to an award of attorneys’ fees. In May, U.S. District Judge Claudia Wilken in Oakland ruled in favor of HP and other electronics manufacturers, ...
ITC Patent Case Reflects Tech's New Role
August 21, 2014, Women's Wear Daily
Covington's Shara Aranoff is quoted in this article regarding the U.S. International Trade Commission patent infringement case aimed at 17 American and European brands and retailers, the largest ever against apparel retailers and brands: Shara L. Aranoff, a former ITC chair who is an international trade attorney at Covington & Burling LLP, said there have been ...
7/16/2014
WASHINGTON, DC, July 16, 2014 — Covington & Burling secured a victory on July 7, 2014 when an administrative law judge of the U.S. International Trade Commission determined that Samsung, LG and Toshiba did not violate Section 337 of the Tariff Act, a U.S. trade law frequently used by patent owners to target imports. Black Hills Media LLC, based in Delaware, ...
July 2013, European Chamber of Commerce in Korea (ECCK)
Covington Shortlisted for Five Chambers USA Awards
March 27, 2013
WASHINGTON, DC, March 27, 2013 — For the second straight year, Covington & Burling has been nominated for the 2013 Chambers USA Awards for Excellence in five national practice areas. Chambers released its “shortlist” of the law firms nominated based on their pre-eminence and recent achievements in 21 distinct practice areas. Covington is a finalist in each of ...
January 4, 2013, Covington E-Alert
10/24/12
WASHINGTON, DC, October 24, 2012 — Jay Alexander has joined Covington & Burling’s intellectual property group as of counsel, resident in the firm’s Washington office. He will focus on patent infringement cases before the U.S. International Trade Commission and the federal courts. An intellectual property litigator with more than 20 years of experience, Mr. ...
Covington Promotes 15 Lawyers to Partnership
October 1, 2012
WASHINGTON, DC, October 1, 2012 — Covington & Burling is pleased to announce that it has elected 15 new lawyers to its partnership. This group is comprised of diverse and talented individuals from five offices who have made their mark at the firm through exceptional work and the highest standards of client service. “We’re delighted to welcome these 15 lawyers to ...
August 27, 2012
WASHINGTON, DC, August 27, 2012 — Covington & Burling LLP lawyers received 196 individual mentions in 57 areas of law in the 2013 edition of The Best Lawyers in America. This annual compilation of top U.S. lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as ...
Covington Receives Top Tier Nods in Legal 500 US
August 14, 2012
WASHINGTON, DC, August 14, 2012 — Covington & Burling LLP has received a top tier ranking in six practice areas and 18 individual attorneys are named “Leading Lawyers” in the recently released Legal 500 US 2012 edition. Additionally, Legal 500 US also “recommended” 36 Covington practice areas and 123 Covington lawyers. The six Covington practices given the top ...
Covington Announces Six New Counsel
April 16, 2012
WASHINGTON, DC, April 16, 2012 — Covington & Burling is pleased to announce the promotion of one lawyer to of counsel and five lawyers to special counsel, effective April 1, 2012. Wendy Feng (San Francisco), the new of counsel, represents policyholders in insurance coverage cases in state and federal courts. She provides strategic claims-related advice and has ...
March 23, 2012, Covington E-Alert
November 14, 2011
WASHINGTON, DC, November 14, 2011 — Covington & Burling LLP is pleased to announce that Alexander Chinoy has been elected president of the International Trade Commission Trial Lawyers Association for the 2012 term. The association is the primary bar association for attorneys involved in Section 337 litigation before the International Trade Commission. Mr. ...
U.S. News-Best Lawyers Awards Covington ‘Law Firm of the Year’ in FDA Law and 82 First-Tier Practice Rankings
November 1, 2011
WASHINGTON, DC, November 1, 2011 — For the second consecutive year, U.S. News-Best Lawyers awarded Covington & Burling the most first-tier practice rankings for Washington, DC in the “Best Law Firms” survey. The 2011-12 survey also awarded the firm 82 first-tier practice rankings, placing Covington among the top 20 firms nationwide. Additionally, U.S. ...
September 7, 2011
WASHINGTON, DC, September 7, 2011 — Covington & Burling LLP lawyers received 184 individual mentions in 56 areas of law in the 2012 edition of The Best Lawyers in America. This annual compilation of top US lawyers is based on peer-review surveys and is used as a referral guide in the legal profession. The Covington lawyers recognized are as follows: ...
June 10, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 123 individual mentions and 45 practice mentions in Chambers USA 2011. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
June 9, 2011
WASHINGTON, DC, June 10, 2011 — Covington & Burling LLP received 92 individual mentions and 32 practice mentions in the Legal 500 US 2011 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
Covington Advises Microsoft in $8.5 Billion Skype Deal
May 10, 2011
WASHINGTON, SAN FRANCISCO, BRUSSELS, AND LONDON, May 10, 2011 —Covington & Burling LLP is advising Microsoft Corp. in its acquisition of Skype Global S.à.r.l., the leading Internet communications company, for $8.5 billion in cash. Microsoft’s purchase of Skype from the investor group led by Silver Lake is expected to increase the accessibility of real-time ...
April 8, 2011
SAN FRANCISCO, April 8, 2011 — The San Francisco and Los Angeles Daily Journals have named Covington & Burling LLP partners Rob Fram and Bob Haslam to their list of Top Intellectual Property Litigators in California for the fourth year in a row. The list honors lawyers from both the public and private sectors whose work has a significant impact on the world of ...
August 9, 2010
REDWOOD SHORES, CA, August 9, 2010 — Covington & Burling LLP is pleased to announce that three partners from its Washington, D.C. office, Kurt Calia, Emily Henn, and Emily Leonard, have relocated to the Silicon Valley office. Their move will strengthen the link to the firm’s deep regulatory roots as well as further enhance the firm’s transactional and litigation ...
June 23, 2010
WASHINGTON, DC, June 23, 2010 — Covington & Burling LLP received 85 individual mentions and 23 practice mentions in the Legal 500 US 2010 edition. Legal 500 reviews the strengths and strategies of law firms in more than 90 countries in Europe, the Middle East, Asia, North and South America, and the Caribbean. Here are the Covington lawyers and practices ...
June 16, 2010
WASHINGTON, DC, June 16, 2010 — Covington & Burling LLP received 112 individual mentions and 44 practice mentions in Chambers USA 2010. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
May 7, 2010
SAN DIEGO, CA, May 7, 2010 — Covington & Burling LLP partners Alan Blankenheimer, Jo Dale Carothers, and Laura Muschamp have been shortlisted for the San Diego Daily Transcript’s Top Attorneys 2010. All have been nominated for Intellectual Property Litigation. Finalists will be announced on May 17. The Daily Transcript has been a source for daily business news, ...
April 8, 2010
SAN FRANCISCO, April 8, 2010 — For the third consecutive year, Covington & Burling LLP partners Rob Fram and Bob Haslam have been named to The San Francisco and Los Angeles Daily Journals’ list of Top Intellectual Property Litigators in California. The list honors lawyers from both the public and private sectors whose work has a significant impact on the world ...
April 6, 2010, Covington E-Alert
Washingtonian Names 25 Covington Attorneys ‘Top Lawyers’
11/23/2009
WASHINGTON, DC, November 23, 2009 — Twenty-five Covington & Burling LLP attorneys are recognized as “Top Lawyers” in the December issue of Washingtonian magazine. The list, compiled by the magazine’s editorial staff, identifies leading lawyers in the Washington area. Of the “Top Lawyers,” Washingtonian identified 30 as “stars of the bar.” Among them is Michael ...
June 12, 2009
WASHINGTON, DC, June 12, 2009 — Covington & Burling LLP received 100 individual mentions and 40 practice mentions in Chambers USA 2009. The guidebook, which ranks lawyers by state and national practice area, is designed to identify the most skilled legal practitioners based on the qualities most valued by clients. Here are the Covington lawyers and practices ...
Fram and Haslam Again Named Top California IP Litigators
4/9/2009
SAN FRANCISCO, CA, April 9, 2009 — For the second consecutive year, Covington & Burling LLP partners Robert Fram and Robert Haslam have been named to The San Francisco and Los Angeles Daily Journals’ list of Top 75 Intellectual Property Litigators in California. The list honors lawyers from both the public and private sectors whose work has a significant impact ...
1/8/2009
WASHINGTON, DC, January 8, 2009 — The U.S. Court of Appeals for the Federal Circuit has ruled that the only claim in a patent for making and selling retractable covers for flat-bed trucks allegedly infringed by DeMonte Fabricating is invalid. The Federal Circuit’s decision overturns a lower court’s ruling on damages and a permanent injunction that would have ...
Covington Announces Major Expansion of its Patent Litigation Practice and West Coast Presence
10/6/2008
WASHINGTON, DC, October 6, 2008 — Covington & Burling LLP is significantly expanding its national intellectual property litigation practice with the addition of approximately 50 lawyers in California and Washington, DC. Covington is also opening new offices in Silicon Valley, where it already has a large client base, and San Diego, which presents significant ...
7/14/2008
WASHINGTON, DC, July 14, 2008 — The U.S. Court of Appeals for the Federal Circuit today ruled that Thomson Reuters and i-Deal, LLC did not infringe a patent that covers the online auction of municipal bonds. The Federal Circuit’s decision overturns a lower court’s ruling in favor of MuniAuction Inc., that had awarded the plaintiff $84.6 million. Covington & ...
January 16, 2007
WASHINGTON, DC, January 16, 2007 — Covington & Burling LLP partner George Pappas has been appointed to both the District of Columbia State Committee and the Complex Litigation Committee of the American College of Trial Lawyers. Mr. Pappas will serve as Vice Chair of the Complex Litigation Committee.Founded in 1950, the College is composed of the best of the ...
April 6, 2006
SAN FRANCISCO, CA, April 6, 2006 - Covington & Burling announced today that Simon J. Frankel will join the firm's intellectual property litigation group as a partner. Mr. Frankel will be resident in the firm's San Francisco office. Mr. Frankel's extensive IP litigation experience includes handling trademark, copyright, patent, anti-counterfeiting, and trade ...
Leading Patent Litigators, George Pappas, Jeffrey Elikan, and Kevin Collins, Join Covington
April 22, 2005
WASHINGTON, D.C., April 22, 2005 - Covington & Burling announced today that George Pappas, and Jeffrey Elikan have joined the firm as partners, and Kevin Collins has joined as of counsel. All three will be resident in the Washington, D.C., office. Messrs. Pappas, Elikan, and Collins, previously at Venable LLP, will join Covington's national patent and ...
Federal Circuit Reverses Adverse Inference Rule for Failure to Produce Exculpatory Advice of Counsel
September 17, 2004, Covington E-Alert
Enablement & Written Description: Friend or Foe in Litigation
November 1, 2003, Presentation at Practicing Law Institute Patent Litigation Program
Software Patents and the Internet-A United States Perspective
May 2000, 6th Annual IBC International Patent Disputes Conference
August 1998, Intellectual Property Magazine
Protecting Computer-Related Inventions: What is a Software Patent?
May 1998, National Conference for Women Intellectual Property Attorneys
How to Prepare an Enforceable Patent Application
January 1998, Women's Bar Association of Washington D.C.'s Intellectual Property Law Forums
1998, Bio-Science Law Review 2
December 1997, Bio-Science Law Review 1
- China Law & Practice, "Intellectual Property Firm of the Year" (2018)
- The National Law Journal "2015 Washington Litigation Department of the Year" Finalist (2015)
- The American Lawyer, "2014 Litigation Department of the Year" Finalist (2014)
- The National Law Journal - Recognized on the Intellectual Property Hot List (2016)
- Managing Intellectual Property Global Awards - Recognized in the North American category as the "International Trade Commission Firm of the Year" (2010, 2014)
- Chambers Global - Recognized as a leading US Intellectual Property and a leading International Trade - Section 337 Practice (2010-2019)
- Chambers USA - Recognized for Intellectual Property nationwide, as well as in California and Washington, DC (2009-2018)
- Chambers USA - Recognized for its International Trade: Intellectual Property (Section 337) practice nationwide (2009-2018)
- Chambers Asia-Pacific - Recognized as a leader in the category South Korea: Intellectual Property; two attorneys recognized for Intellectual Property (2019)
- Chambers Europe - Recognized as a leader in the category: Belgium, Intellectual Property (2013)
- U.S. News Media Group and Best Lawyers, Litigation - Patent: National, San Francisco and Washington, DC first tier ranking (2013-2015)
- Intellectual Asset Management (IAM) Magazine - Recognized in the “IAM Patent 1000 - The World’s Leading Patent Practitioners” for its National litigation and International Trade Commission practices, DC Metro Area litigation practice, and California litigation. Four litigators recognized in California, one luminary and five litigators recognized in DC Metro Area and three litigators recognized in National - International Trade Commission (2014).
- Legal 500 Asia Pacific, Intellectual Property (Foreign Firms) (2013-2014)
- Legal 500 US - Recognized as a leading US practice in the areas of Patent Litigation: Full Coverage, Patent Litigation: International Trade Commission, and Patents: Licensing (2012-2017); Patent: Portfolio Management (2012-2016)
- Legal 500 UK - Recognized in its IP category (2011-2014)
- One partner is a member and former chair of the Northern District of California patent rules committee.
- Two of our Covington partners are Fellows of the American College of Trial Lawyers and one was elected a Vice Chair of the Complex Litigation Committee.
- One partner served as a United States District Court Judge for the District of Delaware for ten years presiding over 200 patent infringement cases, including more than 30 patent infringement jury trials.
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